---
title: "Written agreement with an overseas student (National Code Standard 3)"
url: "https://ailawframework.com/precedents/education-law/overseas-student-written-agreement"
type: "precedent"
site: "AI Law Framework"
id: "a59-overseas-student-written-agreement"
area_id: "A59"
kind: "agreement"
ai_level: "yellow"
version: 1
task_ids: ["A59-Q20261018-2"]
law_stated_as_at: "2026-10-22"
---

# Written agreement with an overseas student (National Code Standard 3)

> A clause skeleton for the written agreement an ESOS provider must have with an overseas student before, or when, it accepts course money: course, fees, refunds, complaints and the privacy and consumer-law statements…

Canonical page: https://ailawframework.com/precedents/education-law/overseas-student-written-agreement  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

A clause skeleton for the written agreement an ESOS provider must have with an overseas student before, or when, it accepts course money: course, fees, refunds, complaints and the privacy and consumer-law statements Standard 3 and the ESOS Act require.

## Key facts

- Kind: Agreement. A contract between two or more parties.
- Practice area: [Education Law](https://ailawframework.com/precedents/education-law.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 4 authorities it cites, for Australia and Commonwealth.

## When to use it

Use when a provider registered under the Education Services for Overseas Students Act 2000 is enrolling an overseas student or an intending overseas student. One agreement may cover consecutive courses with the same provider if the terms are the same. Do not use it for a domestic student.

## Used for these tasks

- [Draft the written agreement with an overseas student](https://ailawframework.com/practice/education-law/draft-the-written-agreement-with-an-overseas-student.md)

## How AI may be used

AI may fill the course, campus, mode and fee fields from the provider's confirmed offer. The lawyer checks the refund, complaints and under-18 clauses against the current National Code before the agreement is issued.

**AI may:**

- Populate course name, start date, location, mode and the fee table from the provider's approved offer
- Check the draft against the content list on the ASQA written-agreements page and list any missing heading
- Flag a link that carries an obligation rather than supplementary material

**AI must not:**

- Must not set a refund rule the provider has not approved
- Must not state that more than 50 per cent of tuition fees may be collected before the course starts unless the ESOS Act permits it on these facts
- Must not send the agreement to the student

**The lawyer checks:**

- The agreement is signed or otherwise accepted by the student, or by a parent or legal guardian if the student is under 18, before or at the same time as course money is accepted
- Every Standard 3 item on the ASQA list is in the agreement itself, in plain English, and not only behind a link
- Records of the agreement and receipts will be kept for at least two years after the student ceases to be an accepted student

## Authorities

- [ASQA, Written agreements (Standard 3 content, signing, record keeping; page updated 22 April 2026)](https://www.asqa.gov.au/for-providers/provider-obligations/esos-requirements/written-agreements)
- [National Code of Practice for Providers of Education and Training to Overseas Students 2018](https://www.legislation.gov.au/F2017L01182/latest/text)
- [Education Services for Overseas Students Act 2000 (Cth), including Part 5 Division 2 as cited by ASQA](https://www.legislation.gov.au/C2004A00757/latest/text)
- [Education Services for Overseas Students Regulations 2019 (Cth) s 13, as cited by ASQA for record keeping with ESOS Act s 21](https://www.legislation.gov.au/F2019L00571/latest/text)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/education-law/overseas-student-written-agreement and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*